“Avoid Discrimination in Hiring Practices”
|
Small business resources for HR article on employment discrimination internet business and web site business resources, small business development resources and books for HR article on employment discrimination. This site page has the information to make a business website, with cheap internet hosting, for everyone who wants a profitable home based business opportunity.
By Larry Rosenfeld - Entrepreneur.com
Q: My company was recently hiring for a new position.
During the hiring process, I discovered that the supervisor in charge of interviewing for the position indicated to others at the company that he was going to give preference to women because his department already had a lot of men.
Is this appropriate and/or legal? If not, what are the potential consequences?
A: Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), prohibits discrimination in employment based on certain protected classifications, including race, color, sex, pregnancy, religion, national origin, age (40 or over) and disability.
Many states have individual laws that prohibit discrimination in employment as well. Therefore, under Title VII and certain states' laws, employers are prohibited from discriminating on the basis of sex with respect to hiring.
It is noted that while claims pertaining to hiring discrimination typically involve women, men are entitled to Title VII protection as well. This is referred to as "reverse discrimination." When an employer hires women over men, regardless of qualifications, this could be deemed discriminatory.
There are situations, however, in which employers may purposefully seek out qualified candidates of a certain gender or ethnicity to meet a quota or diversify a department as part of an affirmative action program.
Affirmative action is required by federal government contractors. In meeting affirmative action obligations, certain government contractors may discover that there is a substantial disparity in the hiring of a particular minority group, or men or women of a particular minority group.
In this case, the contractor may be required by federal law to meet certain goals for that minority group with respect to particular job classifications and organizational units. In these circumstances, hiring on the basis of sex may be warranted. Aside from hiring pursuant to a required affirmative action plan, though, hiring decisions on the basis of sex or sex stereotypes are forbidden.
If an individual believes he has been discriminated against with respect to a hiring decision, he must file a complaint with the Equal Employment Opportunity Commission (EEOC)--which is the agency responsible for enforcing Title VII--before he can file a lawsuit alleging that an employer violated Title VII.
Once a claim is filed with the EEOC, the agency will begin an investigation. If it decides there is merit to the claim, it will either issue a right to sue letter or file a lawsuit on behalf of the claimant. On the other hand, if the EEOC finds there is not merit to the claim, or if the claimant requests a determination before the investigation is complete, it will also issue a right to sue letter, again authorizing the claimant to file a lawsuit.
Either way, if the claimant ultimately prevails in his lawsuit, his remedies may include, among other things, compensatory damages, back wages, reinstatement and possibly punitive damages.
However, any claims filed with the EEOC must be filed by the alleged victim (the prospective employee), rather than a mere observer of the alleged discriminatory practices, as he is the individual entitled to Title VII protection and its remedies. Thus, in your situation, as you are not the individual potentially being discriminated against, you do not have standing to file a charge with the EEOC.
Although you are not the aggrieved party, you do have the right to raise the issue internally and are protected from being retaliated against for doing so. Specifically, anyone who cooperates or brings issues of this sort to the attention of their employer is entitled to protection under Title VII, and may be entitled to protection under comparable states' laws.
Thus, you may want to speak with someone at the company regarding the situation. For instance, you could approach a human resources director or someone in management to inform them of your concerns. Or, if you are already in management, you should discuss the situation with the hiring supervisor. Presumably, your company has a policy against discrimination in hiring.
In sum, notwithstanding certain affirmative action obligations that must be met by federal contractors, Title VII prohibits employers from basing hiring decisions on sex alone. And if an employer does engage in these discriminatory practices, it may be exposing itself to liability, as these practices can result in an investigation by the EEOC as well as potentially costly litigation.
Note: The information in this column is provided by the author, not Entrepreneur.com. All answers are general in nature, not legal advice and not warranted or guaranteed.
Readers are cautioned not to rely on this information. Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.
Larry Rosenfeld is co-chair of the national labor and employment practice of the law firm Greenberg Traurig LLP. A frequent writer and lecturer on employment law topics, Rosenfeld is experienced in the areas of federal laws pertaining to employment issues, EEOC, ADA, termination matters, employment liability and the Fair Labor Standards Act.
Get expert advice, tips for finding the right employees, insurance guidelines and more solutions for your growing business at Entrepreneur.com's Business Management center.
Material copyright © by Entrepreneur.com, Inc. All rights reserved.
Try a local search of our site for your answers
HOME PAGE || About Us || Contact Us || Privacy Policy || Terms of Use || Entrepreneur Coaching || Business Entrepreneur Blog || Subscribe to Newsletter || Free Books & Business Manuals || Famous Quotes || Buy website business ||Link Directory – add URL || Write your own eBook || Small business resources || Internet Business Resources || Business Resources || Business Entrepreneur resources || Affiliate Income Resources ||
| Great Health, Wealth, Relationships and Overall Success! Become part of a group that has committed to a plan, a process, a blueprint and a commitment to inspect and improve their lives. The Jim Rohn One-Year Success Plan (including experts Jim Rohn, Zig Ziglar, Brian Tracy) will help you do just that and become the person you desire to become. Visit: www.jimrohn.com today! |
=================================================
DISCLAIMER: The HR article on employment discrimination business resources on this site are not intended to be a substitute for professional advice. While all attempts have been made to verify information provided in this publication, neither the author nor the publisher assumes any responsibility for errors, omissions or contrary interpretation of the subject matter herein. There is no guarantee of validity of accuracy. Any perceived slight of specific people or organizations is unintentional. This website and its creators are not responsible for the content of any sites linked to.
The HR article on employment discrimination contents are solely the opinion of the author and should not be considered as a form of advice, direction and/or recommendation of any kind. If expert advice or counseling is needed, services of a competent professional should be sought. The HR article on employment discrimination author and the Publisher assume no responsibility or liability and specifically disclaim any warranty, express or implied for any products or services mentioned, or any techniques or practices described. The purchaser or reader of this publication assumes responsibility for the use of these materials and information. Neither the author nor the Publisher assumes any responsibility or liability whatsoever on the behalf of any purchaser or reader of these HR article on employment discrimination materials.
Site content description: If you just want to make your own website, or as a business entrepreneur, even make a business website that is profitable an drives traffic to your existing business, Strategic Services make your own website resources and directory links will make it fast, simple for you to do with cheap internet hosting. This page has information to HR article on employment discrimination make your own website for fun or make a business website as a business entrepreneur wanting a home based business opportunity that earns you a top affiliate income with a company that provides the internet business entrepreneur with everything you need to make your own website as well as cheap internet hosting.
Subject matter on the site includes information and directory links to topics on HR article on employment discrimination, how to make your own website, how to make a business website, the best provider for quality cheap internet hosting, HR article on employment discrimination, self help personal development training materials for business entrepreneur executive skills HR article on employment discrimination, home based business opportunity outline for internet home based business opportunity, and getting internet home work income business development, including how to start a small business HR article on employment discrimination, free sample business plan for home based business opportunity, HR article on employment discrimination small business web site design tips, and help for HR article on employment discrimination making your own website, with a free sample business plan template manual and other business resource for business entrepreneur who wants to make your own website or HR article on employment discrimination make a business website with cheap internet hosting. This directory also has a section on HR article on employment discrimination, human resource website with HR articles, HR article on employment discrimination, free recruitment and career in consulting outlines, HR article on employment discrimination, human resource articles, latest industry business news updates and other free business resources being loaded on the site every week.
=================================================
Back to Top of page HR article on employment discrimination
back to HOME PAGE
